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November 16, 2009
  What Is Chapter 13 Bankruptcy?
Posted By Malaise Law Firm
A chapter 13 bankruptcy is also called a “reorganization plan” or a “wage earner’s plan.” A debtor who files a chapter 13 bankruptcy intends to repay all or part of her debts in installments to creditors over three to five years. The individual’s ...
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November 16, 2009
  Bankruptcy Means Test
Posted By Malaise Law Firm
Passing the Means Test The Means Test is a formula designed to identify debtors that can afford to pay some of their unsecured debts (for instance, credit card debt) and encourage repayment of these debts through a Chapter 13 repayment plan. Debtors ...
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November 16, 2009
  Chapter 13 Co-Debtor Stay
Posted By Malaise Law Firm
The “Co-Debtor Stay,” also known as the “Co-Debtor Automatic Stay,” is a feature of a Chapter 13 Bankruptcy designed to protect a debtor by insulating him from indirect pressures from his creditors exerted through friends or relatives. The Co-Debtor ...
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November 16, 2009
  Bankruptcy's "Fresh Start"
Posted By Malaise Law Firm
The principal theory of consumer bankruptcy in America is that it provides a “fresh start” to debtors. A prime example of this policy is found in the 1918 Supreme Court case of Stellwagen v. Clum in which the Court stated: “This purpose of the act ...
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November 16, 2009
  Discharging Credit Card Balances
Posted By Malaise Law Firm
As a general rule, credit card debt is among the easiest type of debt to discharge during a Chapter 7 or Chapter 13 Bankruptcy. However, in some cases credit card companies will dispute the discharge of credit card debt by filing an adversarial ...
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November 16, 2009
  Outstanding Payday Loans During Bankruptcy
Posted By Malaise Law Firm
Payday loan companies prey on individuals experiencing financial difficulties. These lenders offer a short-term loan of a few hundred dollars that will be repaid on the borrower’s next payday. To obtain the loan the borrower usually writes the ...
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November 16, 2009
  Bankruptcy and Child Support Obligations
Posted By Malaise Law Firm
If you are paying child support, you may be confused about the effect of a bankruptcy filing on your child support obligation. A bankruptcy filing generally protects the debtor from the collection actions by creditors, but Congress has not extended ...
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November 16, 2009
  Bankruptcy Filing in Texas
Posted By Malaise Law Firm
Will Filing Bankruptcy Ruin My Credit? “Will filing bankruptcy ruin my credit?” This is a common question asked by individuals contemplating a bankruptcy filing. Usually this question is answered by asking another question, “If you are considering ...
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November 15, 2009
  Dallas Bankruptcy Attorneys
Posted By Malaise Law Firm
Dallas, the third largest city in Texas, is the economic centre of Dallas-Fort Worth-Arlington metropolitan area. Cases of bankruptcy filing, as the statistics reveal, are on the rise in Dallas. According to the data published by the United States ...
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August 19, 2009
  Reaffirmation Agreements
Posted By Malaise Law Firm
A Chapter 7 bankruptcy discharge releases an individual from personal liability for most debts and prevents creditors from taking collection action against the debtor. In other words, the bankruptcy discharge is a legal injunction prohibiting the ...
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August 17, 2009
  Will Bankruptcy Ruin My Life?
Posted By Malaise Law Firm
Clients have many questions during the initial appointment with a bankruptcy attorney. The most common concerns are losing property, and rebuilding credit after the bankruptcy case is over. Occasionally someone will ask a straight-forward question: ...
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August 14, 2009
  Don’t Let Zombie Debts Haunt You
Posted By Malaise Law Firm
If a debt collector is harassing you over a debt that you thought was dead and buried, you may be dealing with a zombie debt. The usual scenario is an unexpected phone call or letter asking for payment on a debt that is either outside the statute of ...
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August 12, 2009
  Debt Relief Companies: So Many Names, So Many Scams
Posted By Malaise Law Firm
Debt relief ads seem to be everywhere: on television, on the radio, and in newspapers and magazines. These companies use different terms to describe their services like counseling, consolidation, negotiation, mediation, settlement, reduction, ...
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August 10, 2009
  Auto Redemption in Chapter 7 Bankruptcy
Posted By Malaise Law Firm
During a Chapter 7 bankruptcy all unsecured debts are discharged. Debts that are secured by collateral (e.g. car loans) must be paid or the collateral must be returned to the lender. Occasionally an individual considering Chapter 7 bankruptcy will ...
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July 14, 2009
  The dreaded pink slip, pockets are empty
Posted By Malaise Law Firm
Unemployment is on the rise in the U.S. and your creditors will be knocking or calling within thirty (30) days asking for payment(s). You may have the thought of delaying the payments but don’t delay in making the decision to visit an attorney for ...
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July 14, 2009
  Duck and cover or file chapter 13 to stop foreclosure
Posted By Malaise Law Firm
In the State of Texas normally the first Tuesday of each month is the designated date to have your house sold or foreclosed upon. Before that arrival date, you will receive correspondence from your mortgage company dictating that your are in default ...
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July 14, 2009
  Families filing for bankruptcy, less healthcare coverage
Posted By Malaise Law Firm
IS THE DOCTOR IN? – Aside from the foreclosures, tax liability and repossession, the cost of medical services leads the charge in having families file for bankruptcy in the United States because many have no health coverage. Filing for bankruptcy is ...
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January 12, 2009
  What is Bankruptcy?
Posted By Malaise Law Firm
Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a debtor (”involuntary bankruptcy”) in an effort to recoup a portion of what ...
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